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1st Credit & LCS Battle - court papers received - help


newman
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Did you use the correct form to submit your offer with such as the N245 without that and the correct fee I don't think the court will even look at it let alone reply.

 

 

 

With 1st crud it makes no difference.

I had a regular agreed payment set up with OC when they aquired the debt and continued to make these payments. They ignored this and still went down the Stat Demand route.

So they ended up with nothing as they had no agreement and an invalid default notice.

 

If you haven't have you made a Data Subject Access Request to the Original Creditor with the £10 fee.

 

Hi L4U

I just wrote the court a letter - No N245 and I appreciate that this is the right way to do this but I would have thought they would have just had the deceny to at least acknowledge my letter and guide me in the right direction.

 

With your second point - 1st crud have no original agreement or at least if they have got one they have done everything they can to not disclose it which means that either they have one and its totally non compliant or they just dont have one. I cant see how they are hoping to get an enforcement on a pre april 2007 agreement if they dont have the signed original. Also no DN was ever issued depsite their totally untrue statements in their respose to my defence. They have made statements about the DN & Termination N being sent through yet they have not provided any hard evidence to back up their statements. The OC absolutely did not send the DN or termination notice. We have asekd for proof of all of these things and so far they have resisted everything and are still now even at this stage trying to get out of disclosing.

 

I have done a SAR on the OC and they actually responded within the 40 days and there is some very interesting stuff in there. No DN has ever been issued and as such this gave me no opportunity whatsoever to rectify the situation before they sold the account to 1st Cr. The first I knew the account had been sold was when I got a "hello and welcome to 1st credit, we are now in charge of your account" letter. Ever since that time in 2007 all we have asked them to do is prove that they can lawfully claim this money and they have failed miserably to do this and that is still all we are aking them to do. I have stated categorically that I will pay in full anything I lawfully owe them once they have proven they have a legitimate claim over to this money. It's funny that they have turned this around in theri statement to say that I have resisted and refused all efforts to reach an agreement with them.

 

Well the truth will come out eventually here I am sure and we will see who is telling the truth and who is simply making things up as they go along.

 

So well done on your win L4U

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Newman -the court system is an absolute joke. Throughout my ongoing case, they have repeatedly failed to do what they have said they would do, lost paperwork, overlooked the fact I had entered a defence etc etc

 

You have to be OCD to have any chance! That's what I have had to become. I constantly call them and they say 'oooh, there's a LOT of notes on this case'. Too right there is!

 

The Claimant is always has a huge advantage. Mine failed to comply with an unless order within the deadline but were let off. etc, etc, etc!!!!

 

Been following your thread for a while and really hope you come out of this well mate

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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Not far at all Joe!

 

Got your PM newman thanks, tried to reply but your inbox full, will try again tomorrow.

 

Claire x

 

Hi Claire

 

Apologies - all old PM's now cleared out. room now for the message

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Newman -the court system is an absolute joke. Throughout my ongoing case, they have repeatedly failed to do what they have said they would do, lost paperwork, overlooked the fact I had entered a defence etc etc

 

You have to be OCD to have any chance! That's what I have had to become. I constantly call them and they say 'oooh, there's a LOT of notes on this case'. Too right there is!

 

The Claimant is always has a huge advantage. Mine failed to comply with an unless order within the deadline but were let off. etc, etc, etc!!!!

 

Been following your thread for a while and really hope you come out of this well mate

 

Sorry Mr H I Missed your post

 

You are absolutely right about the court system - and I know what you mean about them complaining about the amount of paperwork as I have a friend who had a court case a few years ago on a totally different subject but he submitted a defence with notes, pictures, contracts, documents etc that was approx 2 inches thick and the court staff moaned and moaned about it.

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